Be aware of “cookie choices” and data privacy laws that can impact brokerages

Writen by Betsy Urbance |

Published: August 29, 2023

Calling all DRs and office managers…be aware of the recent proliferation of states with data privacy laws in place. You might think since Illinois does not have a data privacy law…yet…that you don’t need to be concerned. That is not exactly true and here’s why: If your business, usually through your website, is contacted by a resident of a state that has a data privacy law, your business can be subject to these laws. 

First, the data privacy regulations typically involve questions about how consumers want their personal information to be treated. The easiest way to think about this information is “what are my cookie choices,” or what information will a consumer allow a business to retain for its various uses. You have undoubtedly started to see boxes appear on your computer screen asking you to make these choices. Next, these laws do not apply to all businesses, but it is worth your while to consult legal to watch these regulations.

There are currently six states with data privacy laws in force: California, Colorado, Connecticut, Iowa, Virginia and Utah.

It is also important to know that all states have data breach notification laws in force, and most have enacted data disposal laws related to destruction of personally identifiable information.

Find out more about these important developments from NAR Attorney, Maame Nyamekye.

About the writer: Elizabeth A. (Betsy) Urbance, General Counsel and Vice President of Legal Services has served the association’s members as General Counsel since 2018 and prior to that she was Legal Hotline Attorney since 1994. Urbance is a 1984 graduate of Western Illinois University and received her law degree from the University of Missouri School of Law in 1987. She is licensed in both Illinois and Missouri.

Your Illinois REALTORS® Legal Team